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PELAKSANAAN STANDARISASI PEMBERIAN PATEN DALAM INVENSI BIDANG OBAT-OBATAN DI INDONESIA Abdul Kadir Jaelani; Alexander A. Kurniawan; Lusia Indrastuti
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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This research is motivated by a patent given to Sanofi Pasteur, a French citizen who acts as a patent holder for Japanese encephalitis vaccine, measles, mumps, rubella using a pig enzyme in the form of trypsin as a catalyst in the process of making vaccines, whereas Article 9 letter a of Law Number 13 Year 2016 regarding Patents states that inventions that cannot be granted a Patent include processes or products that are announced, used or implemented in contravention of statutory regulations, religion, public order or decency. The purpose of this study is to analyze the standardization of the provision of patents in the field of medicine. This type of research is normative law. The data of this study are secondary data. Analysis of the data used is descriptive analytic. The research concludes that first, the background of the formation of the provisions of an invention that is considered to be contrary to religion in Indonesia as regulated in Article 9 letter a of the Law of the Republic of Indonesia Number 13 of 2016 is based on several justifications namely justification based on Article 27.2 and Article. 27.3 TRIPs Agreement and justification based on the translation of the Pancasila as the ideology of the Indonesian people, especially the Precepts of Godhead. Secondly, the provisions of an invention that is considered to be contrary to the religion of Islam in the field of medicines that contain illicit elements cannot be implemented because the provisions of Article 9 letter a of Law Number 13 Year 2016 are universal.

Constitutionality in Draft of Omnibus Law in Pancasila Perspective Lusia Indrastuti
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3841

President Jokowi, in his second leadership, has two major programs. The first is to maintain Pancasila state and to accelerate national development. His second program concerns simplification of domestic regulation that relates with economy through Omnibus Law as a reaction to global economic power shift.The problem is whether the implementation of the Indonesia state legal system can accept Omnibus Law model or not when it is viewed from constitutional perspective or from legislation hierarchy in Indonesia (taking into account constitutional requirements, meaning that it is not contradictive with the 1945 constitution). In the preamble of Omnibus Law draft, article 5 and article 20 the 1945 constitution are mentioned. As formal requirements, both articles provide enough space. It is mentioned in article 5 paragraph 1 that President has the right to propose a law. Furthermore, in article 20 paragraph 2 and 3, it is stated that all bill drafts have to be discussed with House of Representatives, including Omnibus Law. Without mutual consent bill draft cannot be proposed again in the council court in that period. In Indonesia, the technique of legislation drafting is employs the act number 15 year 2019, as the legal basis, that concerns the change over the act number 12 year 2011. Besides that, there is Presidential decree number 87 year 2014 as direct derivative of article 5 paragraph 1, article 20, and article 22 of 1945 constitution. The government does not mention the act number 15 year 2019, act number 12 year 2011 or Presidential decree number 7 year 2014 in the preamble of Omnibus Law proposed. Article 5 and article 20 do not clearly explain the limitation of the kind of act that can be proposed by President. If it is seen through historical aspect of drafting of amendments to the 1945 Constitution, during its session, the People's Consultative Assembly never once discussed the Omnibus Law. Therefore, the spirit of post amendments of article 5 and article 20 the 1945 constitution does not come from the possibility that someday Omnibus Law will be adopted into our acts. The point is drafting bills that is not contradictive with economic and social development goals has to be a priority.

IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST COMPANIES THAT DO NOT PAY BPJS EMPLOYMENT DUES (Study : Putusan Pengadilan Negeri Sumedang Number 109/Pid.Sus/2017/PN.Smd) Isnaini Apri Dawati; Lusia Indrastuti; Endang Yuliana Susilowati
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5205

This research aims to open wide to the public, especially the workforce about the implementation of laws related to employment and provide examples in relation to the implementation of labor protections whose rights have been lost, so that in the future workers who experience similar things can act to fight for their rights and for companies, this can be a reminder to always carry out their obligations. The method of writing in this study uses normative juridical, by producing findings that violations of the law related to employment often occur such as workers who cannot claim the employment social security program as labor rights as a result of the company's negligence, namely the non-payment of dues by the company to BPJS Employment, enforcement related to it has been done even though the inplementation of the criminal sanctions is still relatively few but there has been progress reflected in the use of the article to ensnare one of the companies that collect but do not deposit dues in the Sumedang State Court in Decision No. 109 / Pid.Sus / 2017 / Pn.Smd, so this becomes an example that labor is very guaranteed by the state.

LAW ENFORCEMENT ON CAMPAIGN ACTIVITIES IN PLACES OF WORSHIP CASE STUDY OF DECISION NUMBER 56/PID.SUS/2019/PN SKH Filadelfia Langit Ayu Sukmadila; Lusia Indrastuti; Esti Aryani
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5353

This study aims to find out the basis of Law Enforcement on campaign activities in places of worship that focuses on the Sukoharjo District Court Decision Number 56/Pid.Sus/2019/PN Skh, a case related to this research regarding campaign activities in places of worship.One of the characteristics of a democratic country is the existence of people's sovereignty within the country, and Indonesia is a country that adheres to the Pancasila Democracy system, as evidenced by the holding of General Elections, hereinafter referred to as General Elections. The implementation of elections is regulated in Law No. 7 of 2017 concerning General Elections, which also regulates election crimes, the legal basis is formed and enforced to maintain the dignity of democracy that applies in Indonesia.This research method in writing this thesis uses a normative type of research, which is carried out by reviewing secondary data, which includes primary legal materials, secondary legal materials, and tertiary legal materials. The nature of the research is descriptive, which is to describe the basis of the prosecutor's considerations in giving demands and the judge's considerations in making decisions as well. The duty of a Prosecutor as a Public Prosecutor is to prove his indictment. Where the decisions and demands of judges and prosecutors must uphold the value of justice, and not forget the value of humanity. As well as the judge's consideration in deciding this case, seeing from the indictment that the indictment was prepared on a subsidiary basis, it became the authority of the Panel of Judges to prove the indictment of Article 521 Jo. Article 280 paragraph (1) letter h of Law No. 7 of 2017 concerning General Elections.also pay attention to non-juridical elements.

Community Participation In Village Fund Management In Banyuanyar Village, Boyolali Regency Ellectrananda Lusia Indrastuti
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Community participation is one of the factors that influence the success of development programs and rural community development. Community participation is needed to realize village development in accordance with the needs of the village itself. Community participation does not only involve the community in making decisions in every development program, but the community is also involved in identifying problems and potentials that exist in the community. Without community participation every development activity will fail. Likewise with regard to community participation in the use and management of village funds, this involvement is important so that the use and management can be more targeted and the benefits will be more impactful. However, what happened in Banyuanyar Village, Ampel District, Boyolali Regency in terms of the use and management of village funds was still minimal related to community involvement or participation. This affects community support for various programs that will be run using village funds. This of course would violate the requirements in managing village funds that have been regulated in Law No. 23 of 2014 which already regulates how to manage and use village funds. There are several factors that affect the level of community participation in the management of village funds such as the lack of socialization from the village government regarding the village fund program so that people do not understand about the village fund program, which makes the community less participating. In addition, the education factor for the people of Banyuanyar Village, Ampel District, Boyolali Regency is still lacking, so it is difficult for people to understand all the activities carried out by other people in the community.

Democracy In Indonesia's Cross-Standards lusia indrastuti
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Indonesia as a country with a democratic system. The government is administered by the people, for the people, and by the people. Indonesia has gone through multiple periods of democracy, and is currently in a period of transformation. The plurality of Indonesian society has a significant impact on the creation of political parties and favors the formation of a multi-party system in Indonesia. The presence of political parties as foundations of democracy or the execution of popular sovereignty are, of course, justified in a democratic state. General elections are used to carry out democracy when political parties are involved and positions of authority need to be filled.

Public Engagement in the Implementation of the Policy on Waste Banking Abdul Kadir Jaelani; Lusia Indrastuti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1171

Kalisoro urban village is one of the tourist areas facing the issue of rising pile of garbage and the lack of knowledge of the waste. Especially in waste management this problem really needs more attention. Society involvement support is required in this waste management. Kalisoro Village waste management is an independent waste management village which involves the community. In this management, using the Reuse, Minimize, and Recycle 3R process. This study aims to explain the participation of independent waste village management by identifying the phases of participation society, the level of participation society and the factors affecting participation in the group. This study is presented in qualitative descriptive form, using in-depth interview technique in data collection and also using interactive data analysis technique for data triangulation. In this study, the culture represented by the Non-Governmental Organisations manages the consequence of involvement society in the management of the autonomous waste villages. Society ways of engagement are to contribute ideas, resources, funds, and engage in waste collection. But not all Kalisoro Village groups participated directly. In Kalisoro Village the level of participation society involves Citizen Power.Keywords: Participation; Society; Kalioso

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